NCJ Number
97788
Date Published
1985
Length
110 pages
Annotation
Following a brief review of the historical and contemporary perspectives on fines, their use, and related constitutional issues, the New York State fine system is examined theoretically and empirically.
Abstract
In New York, statutory provisions for the imposition of fines include Penal Law Article 60 which authorizes imposition of fines, Penal Law Article 80 which governs the amount of the fine by category of offense, the Vehicle and Traffic Law, and Article 420 of the Criminal Procedure Law which provides for collection and enforcement of fines. A survey of court personnel responsible for collection of fines indicates that immediate payment or payment by a fixed date were the most common payment methods. Money orders, traveler's checks, cash, and cash bail were the most common forms of payment. Failure to respond to due notices results in the issuance of an arrest warrant. Onsite field interviews with judges in three counties indicate that vehicle and traffic and petit offenses were those most commonly fined. Punishment was the most popular rationale for imposing fines. Factors considered in determining whether to impose a fine included criminal history, nature of offense, and economic status of offender. Amount of fine was determined by amount of gain, statutory units, offender economic status, and offense seriousness. Judges were largely satisfied with current collection and enforcement practices. A review of the New York State criminal history data base indicated that fines were imposed for lesser offenses such as impaired driving, petty larceny, and disorderly conduct. The average fine was $100, but the majority of fines were less than $50. A review of alternative proposed and in-place fine models is provided. Endnotes, tabular data, research instruments, and responses to survey questions are presented in appendixes. (Author abstract modified)